Possession of Prohibited Dangerous Weapons in Columbia

Safety is important for everyone, which is why many may choose to own guns to protect their family from harm. This is a right for U.S. citizens which is protected by the Second Amendment, however, not all guns are legal to obtain.

Possession of prohibited dangerous weapons in Columbia is a serious offense with damaging penalties. If you have been charged with such a crime, contact an experienced lawyer who is knowledgeable about gun laws and the courts.

Banned Guns

There are statutes that directly address when weapons are unlawful and when they have been altered in such a way to make them illegal. The guns that are specifically prohibited are:

• Sawed-off shotguns
• Machine guns
• Fully Automatic weapons
• Sawed-off rifles

A shotgun or a rifle that has been altered where the barrel is below a certain length is illegal. A common way for someone to face a weapon charge is if they were to modify a semi-automatic weapon so it would rapid fire in an automatic fashion. For a sawed-off shotgun, having a barrel less than 18 inches in length or less than 26 inches in length depending on the type of shotgun makes it illegal.

Being Charged With Other Offenses Alongside Weapon Charges

For the most part, people are not solely charged with possession of prohibited dangerous weapons in Columbia. A common way someone gets a firearms charge is when they get pulled over in a traffic stop and the officers see that the weapon is not concealed properly according to the law. But most often in drug cases and investigations of other criminal offenses, weapon charges get added on. For example, someone is getting arrested, there is an execution of the search warrant, and while they search the house they find illegal weapons or a felon in possession of a weapon that they are not supposed to have.

Conspiracy Charge

Conspiracy is where the police think that there is evidence the defendant and someone else had the intent to commit a crime involving weapons. It could be a conspiracy for any type of crime, but for weapon charges, the police believe that person and someone else had the intent and discussed, planned, or prepared to commit a crime that involved a weapon.

Committing Assualt With Dangerous Weapon

Committing assault while have possession could result in being charged with a separate offense. It depends on the type of crime that took place and the injuries that occurred as a result of the offense. When a weapon is involved and it is considered a violent crime under the law, the charge that gets added is possession of a weapon during the violent crime.

What the Prosecution Needs to Prove

For possession, there are two types, actual possession, and constructive possession. Actual possession is when the weapon is on the person, in the person’s pocket, or somewhere on that person so that person actually possesses it. Constructive possession is entirely different. It is if a person is in a car with multiple people and a gun is in the center console while that person is in the passenger seat. If the officer believes that a person had knowledge that the illegal weapon was in that location, it is dimensioning control. This means that the person has access to this weapon. With knowledge and access, then they can constructively possess it. The law says that more than one person can possess something, so two people can possess one thing.

How an Attorney Can Help

The first thing a person should do when arrested for possession of prohibited dangerous weapons in Columbia is call an attorney to schedule a meeting so both of them can sit down and review the statute.

If an individual is accused of a crime, their life, liberty, and freedom are at stake. The defendant needs to have somebody who has proper training and experience in defending criminal actions. They need to call an attorney immediately, even if they are under investigation. They should retain an attorney and start building their defense right away. The best defense starts day one.